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(영문) 서울중앙지방법원 2018.02.08 2017가단5125927

손해배상(자)

Text

1. The Defendant’s KRW 44,149,307 with respect to the Plaintiff and KRW 5% per annum from February 12, 2015 to February 8, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 22:00 on February 12, 2015, driven a C Poter Cargo (hereinafter “Defendant Vehicle”) and proceeded with a lux road (road with the difference between a road and a sidewalk) that is one-lane in the direction of the movement in the direction of the movement on the surface of the lux road at the heart of the C Hospital Health Examination Center located in D located in a substantial area of the Cheongju City, Cheongju-si (hereinafter “Defendant Vehicle”), followed the Plaintiff’s rear part of the vehicle walking along the front road.

(2) The Plaintiff suffered injury, such as the blood transfusion and the ductal typosis, the ductal typosis, the ductal typosis, etc., from which the Plaintiff suffered injury.

(3) The defendant is an insurer who has concluded a comprehensive insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 8 evidence, each entry or image of Eul 2 evidence (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above fact of recognition of liability, even if the view was restricted on the road at night, it shall be deemed that the instant accident occurred due to the Defendant’s driver’s failure to perform his duty of front-time care, and thus, the Defendant is liable to compensate for the damages suffered by the Plaintiff as the insurer of the Defendant’s vehicle.

C. The limitation of liability: (a) the Plaintiff also committed a mistake walking along the center of the roadway at night along the road where the roadways and the sidewalks are divided; and (b) such error caused the occurrence of accidents and the expansion of damages; and (c) taking this into account, the Defendant’s liability is limited to 80%

2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the liability for damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current value calculation at the time of the accident shall be the one that deducts the interim interest at the rate of 5/12 per month.